Knee decisions — 2010

The Veteran's claims for service connection for a low back disability and a right knee disability have been denied as there is no evidence of a nexus between the disabilities and his military service.

The Veteran's right knee disability, characterized by arthritis and limited motion, does not meet the criteria for a higher evaluation than the current 20 percent rating.

The Board has reopened the claim of service connection for a right knee condition and granted service connection based on evidence showing that the current degenerative changes are likely due to injuries sustained in a car accident during active duty.

The Board has remanded the case for a new VA examination to address whether the Veteran's bilateral knee disability was caused or aggravated by his military service, and if so, whether it clearly and unmistakably existed prior to service.

The Veteran's TDIU claim was granted effective May 31, 2006, due to her service-connected disabilities meeting the regulatory requirements for TDIU. Her combined rating at that time was 80 percent.

The Veteran's service-connected disabilities, including lumbar spondylosis with radiculopathy, left knee degenerative joint disease, left knee instability, right knee osteoarthritis, and scarring of the left upper eyelid and left sacroiliac region, render him unable to secure or follow a substantially gainful occupation. The Board has determined that this evidence reflects the type of situation warranting consideration of an extra-schedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's appeal for an increased rating for residuals of a right total knee replacement is granted, with the effective date being January 1, 2006.

The Veteran's service-connected right knee disability is primarily manifested by subjective complaints of locking and giving way, with X-ray evidence of moderate tricompartmental degenerative joint disease. Range of motion is limited to no more than 110 degrees of flexion, and full extension. The Board finds that a separate 10 percent evaluation for degenerative joint disease of the right knee is warranted.

The Board has determined that the Veteran timely and adequately appealed her claims of entitlement to service connection for a hysterectomy, anemia, sinusitis, a right knee disorder, and an acquired psychiatric disorder. However, additional development is needed as these claims are currently pending.

The Board granted a 30 percent rating for the Veteran's left knee disability effective August 22, 2006. The Veteran's bilateral pes planus was not rated higher.

The Veteran's claim for a higher rating for left knee chondromalacia was denied as the evidence did not meet the criteria for a compensable rating under VA's rating schedule.

The Board found that the Veteran's claimed right knee, left knee, bilateral hearing loss, and tinnitus disabilities were not incurred in or aggravated by active military service.

The Board has reopened the Veteran's claim of service connection for a right knee disability and found new and material evidence. The claim is granted, but further development is needed to determine if the Veteran's adenocystic carcinoma is related to his military service or herbicide exposure. Service connection for left knee internal derangement remains denied.

The Veteran's service-connected right knee, left knee internal derangement, and left hip degenerative joint disease have been evaluated based on their current manifestations. The appeals for increased ratings are denied as the evidence does not support a finding that any of these conditions warrant higher disability evaluations.

The Board has reopened the Veteran's claims for service connection for chondromalacia of the right knee, chondromalacia of the left knee, and degenerative joint disease of the lumbar spine. The claims are granted as these conditions were incurred in or aggravated by active service.

The Board has determined that there is no current evidence of service connection for the claimed conditions, including bilateral knee arthritis, bilateral hearing loss, an acquired psychiatric disorder (PTSD), and residuals of shrapnel wounds to the back and arms. The Veteran's claims are denied.

The Board denied the Veteran's claims of service connection for bilateral knee disability, residuals of cold injury to the hands, and back disability. The dental condition claim was not addressed as it did not meet the criteria.

The Board has determined that the Veteran's right knee disability is service-connected, and affords him the benefit of the doubt in this matter.

The Board has determined that the appellant does not have a left knee disorder, left hip arthritis, or multiple arthralgias that are service-connected. The claims for these conditions were denied as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board has determined that the Veteran's current skin disorder, including dermatitis and dermatophytosis, is related to his military service. The low back disability is also found to be related to his service. Benign prostatic hypertrophy is not shown to be attributable to active service. Chronic bilateral knee disability was not manifest in service or within one year of separation therefrom, and is not shown to be attributable to active service.